Presentation on

Environment Protection Act, 1986

The Environment Protection Act ,(1986)

In 1972 a conference was held for the first time ever to discuss an issue like environment pollution control under UNITED NATIONS.

The conference was know as STOCKHOLMES CONFERENCE .

Lt. Mrs. Indira Gandhi represented India in this conference and voiced strongly before and after conference

473 countries meet internationally to discuss environment pollution problems.

The Environment Protection Act,(1986)

The first legislation which specifically addressed the environment problem was THE WATER (PREVENTATION AND CONTROL OF POLLUTION ) ACT,1974. In short THE WATER ACT.

The another act followed was THE AIR (PREVENTATION AND CONTROL OF POLLUTION ) ACT,1981.In short THE AIR ACT.

After both these acts came THE ENVIRONMENT PROTECTION ACT,1986 came into existence and it was known as EPA .

The Environment Protection Act,(1986

SHORT TITLE, EXTEND AND COMMENCEMENT This Act may be called the Environment

(Protection) Act, 1986.

It extends to the whole of India (excluding j.k.)

DEFINITIONS :-

What is the environment? The environment protection act defines the environment as consisting of the air, water and land.

What is a law? Law is a method of regulating Human behavior

The Environment Protection Act,(1986)

What is a environmental law?

Human pollution may harm the environment and the focus of pollution laws is to limit or prevent humans damaging the environment.

What is Pollution?

Pollution is defined (Environmental Protection act 1990) as “ the release into the environment medium of any process or substances which are capable of causing harm to man or any other living organism supported by the environment.

The Environment Protection Act,(1986)

Environmental Pollutant" Means any solid, liquid or gaseous substance present in such concentration as may be, or tend to be injurious to environment and human being.

Environmental pollutionmeans imbalance in environment.The materials or substances when after mixing in air, water or land alters their properties in such manner, that the very use of all or any of the air water and land by man and any other living organism becomes lethal and dangerous for health.

The Environment Protection Act,(1986)

WATER (PREVENTION

AND CONTROL)ACT,1988

The Environment Protection Act,(1986)

The first legislation which specifically addressed the environment problem was THE WATER (PREVENTATION AND CONTROL OF POLLUTION ) ACT,1988. In short THE WATER ACT

The WATER ACT envisages the setting up of central and state boards for the prevention and control of water pollution.

The task of these bodies , among others , is the prevention and control of the discharge of water into streams or wells , as also to lay down effluent standards to be complied with by industries.

There are two important functions of State Board :

To lay down the standards of pollution and to make consent order for polluting trade and sewage effluent into streams.

The boards have also granted ample powers of investigation ,inspection, sample collection and testing , and also the power to prosecute violators of the act.

The Environment Protection Act,(1986)

The GangaCase

Cultural Heritage:Holy River The Environment Protection

Act,(1986)

This case is about polluting river GANGA . A lawyer named Mr. . M . C. Mehta found that people are polluting water of river GANGA by bathing in it , by washing clothes in it ,by throwing dirty things in river .And as is it was duty of municipal corporation to see that water of the river do not get dirty ,Mr. . M . C . Mehta filed a case against municipal corporation for breach of dutyThe supreme court gave the decision in favor of Mr. . M .C . Mehta as water pollution is a crime and it is polluting water which is a basic need for living beings. The court ordered municipal corporation to give Rs.20,00,000 as fine for their breach of duty.

This was the case were the court handled a case under water act and `gave a right decision

The Environment Protection Act,(1986)

Prevention and Control of Water Pollution

The Environment Protection Act,(1986)

1. Power to take samples of effluents and procedure to be followed

2. Prohibition on use of stream or well for disposal of polluting matter

3. Restrictions on New Outlets and New Discharges

4. Provision regarding Discharge of sewage or Trade Effluent

5. Refusal Or Withdrawal of Consent by state board

Penalties

Penalty for contravention of provisions of section 24 :- imprisonment for not less than one year and six months

Penalty for contravention of provisions of section 25 or 26 :- imprisonment for not less than one year and six months but with fine

Penalty for contravention of provisions of section 45-A :- imprisonment for not less than one year and six months but extended up to three months with 10000 rupees fine.

AIR ACT- 1981

The air act deals with the control of emission of noxious substances from industries and automobiles.

Basically, air act is applied only to specified industrial processes in notified areas called the air pollution control areas (APCA) .

The functions under the act are entrusted to the central and state boards created under the water act.

The state government declares an area as air pollution control area only after consulting with state board .

The specified industries in the APCA have to seek the permission of the board to emit noxious substances.

Cases On Air Act

CASE ON AIR POLLUTION

BHOPAL GAS TRAGEDY CASE

This case is about a company named UNION CARBIDE COMPANY which leaked a poisonous gas methane isocynade (CH2CN) due to which 2014 people died .First the case was filed in USA against the company as it was an American company but due to pressure exerted by UN the case came to INDIA

First the case was filed in district court and the court gave the decision that the union carbide company should gave a compensation of Rs.350,000 crore . The company was not satisfied and appealed in high court against the decision and the court gave the decision to pay Rs. 250,000 crore , again the company was not satisfied and appealed in supreme court against the decision of high court. Here for the first time a negotiation took place between the criminal and the courts. Union carbide company said that they will

Compensate the victims if the court will crash all the criminal charges against the company. The courts agreed to this negotiation and they crashed all the criminal charges against the company and the company gave compensation of Rs.750 crores only.

This was the case were courts tried to deal with a case of air pollution but did unjustice to the victims of the tragedy, and till now the courts orders are not followed.

The Taj Mahal Case

Cultural heritage: theTaj Mahal, 4 WorldHeritage Sites and 254monuments within the TajTrapezium Zone

Life and health ofthe people, particularlythe residents of Agra

M.C. Mehta v. Union of India1996 (4) SCALE (SP) 29

Vehicular PollutionCase andIntroductionof CNG in Delhi andother cities in India

Vehicular PollutionCase and Introductionof CNG in Delhi andother cities in India

•Hazardous Substance "means•any substance or preparation which, by reasons of its chemical or physic-chemical properties, is liable to cause harm to human beings or other living creatures.

“Handling” In relation to any substance, it means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale, etc

List of industries involving Hazardous Process

Coal (including Coke) Industries Coal , lignite, coke etc

Fuel gases ( including coal gas, producer gas, water gas )

Cement Industries Portland cement( including slag cement, pazzolona cement and their products )

Petroleum Industries Oil Refining

Lubricating oils and Greases

Drugs and Pharmaceutical Industries Narcotics, drugs and Pharmaceutical

Rubber Industries Leather tanning Industries Chemical Industries

PENALITY….

Whoever Person found to be the cause of pollution,

1) May be liable for punishment.[ for a term which may extend to five years or with fine which may extend to one lakh rupees or both (Sec 15, 16, 17). .

2) If not comply fine of Rs.5000 per day extra,

3) Still if not comply for more than one year, then imprisonment may extend up to 7 years

(4)Section 17 specifies that Head of the department/ in-charge of small unit may be liable for punishment if the owner /occupier produce enough evidence of innocence.

(5) The state govtt. have power to close or cancel or deny the authorization to run the factory/institution/hospital whichever is causing pollution.

MAIN REASON

FOR FORMATION OF EPA

To provide the protection and improvement of environment.

In EPA, article 48A, specify that the State shall protect and improve the environment.

Also to safeguard the forests and wildlife of the country.

Acc. to sec 51(A) every citizen shall protect the environment.

EPA is applicable to whole India, including J&K

With all these objectives the basic objective for the formation

of EPA

Was “SUSTAINABLE DEVELOPMENT”

Sustainable developmentSustainable development means to make possible survival of life on earth in future by saving natural resources.

As these natural resources are getting polluted day by day it will be very difficult for life to exist on earth in near future.

Thus to save life on earth EPA was formed.

The EPA is a general legislation for environmental protection , more accurately , for the control of pollution and handling of hazardous substances .

It gives some powers to the union government and give the major power to the Central government .

POWERS PROVIDED BY THE ACT TO CENTRAL GOVERNMENT

To make rules to regulate environmental pollution;

To notify standards and maximum limits of pollutants of air, water, and soil for various areas and purposes;

Prohibition and restriction on the handling of hazardous substances, and location of industries (Sections 3-6)

Under Sec (3): may constitute authority or authorities for the purpose of exercising of performing such of the powers and functions;

Under Sec (4): may appoint a person for inspection;

Under Sec (5): may issue directions in writing to any officers or any authority to comply;

Under Sec (6): it empower the government to make rules to achieve the object of the Act.

POWERS PROVIDED BY THE ACT TO CENTRAL GOVERNMENT